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Patna High Court

RUDAL SAHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to monetary and attendance conditions.

Summary

The petitioner, Rudal Sah, was arrested in connection with the seizure of 48.78 litres of illicit liquor from an e‑rickshaw and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence and alleging false implication, and offered to donate Rs. 50,000 to a charitable organization without admitting guilt. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s flight from the spot. The Court, after considering the facts and submissions, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties and imposing conditions of a Rs. 50,000 donation and regular police station attendance. The order expressly stated that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act involving illicit liquor.
  • Whether the petitioner’s offer to donate Rs. 50,000 and his claim of innocence justify granting bail despite alleged flight from the scene.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal procedure
  • conditions of bail
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28555 of 2026
                   Arising Out of PS. Case No.-12 Year-2026 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Rudal Sah Son Of Badri Sah @ Badari Sah R/O Village Naviganj, P.S.-
                 Bhagwan Bazar, District - Saran At Chapra

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tribhuwan Narayan
                 For the Opposite Party/s :      Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Bhagwan Bazar P.S. Case No. 12

                   of 2026, registered for offences punishable under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 48.780 liters of illicit

                   liquor were recovered from an e-rickshaw and the petitioner fled

                   from the spot. The petitioner is in custody since 17.03.2026.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence; rather,

                   he has been falsely implicated in the present case. It is further

                   submitted that the petitioner undertakes to donate a sum of Rs.

                   50,000/- (Rupees Fifty Thousand only) to a charitable
Patna High Court CR. MISC. No.28555 of 2026(2) dt.11-05-2026
                                            2/3




          organization, without prejudice to his defence and without

          admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case and the submissions advanced on behalf of the parties,

          the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Bhagwan Bazar P.S.

          Case No. 12 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 50,000/- (Rupees Fifty Thousand only) with
                          Ramakrishna Mission Ashrama, Latu Maharaj
                          Path, opposite Circuit House, Chapra, Bihar, and
                          shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Bhagwan Bazar Police Station every
                          Sunday and Wednesday of each month. In the event
                          of default, the bail bonds shall be liable to be
            Patna High Court CR. MISC. No.28555 of 2026(2) dt.11-05-2026
                                                        3/3




                                      cancelled.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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